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2015 Supreme(Mad) 2211

K.B.K.VASUKI
K. Sugumar – Appellant
Versus
P. K. Sundaram – Respondent


Advocates Appeared:
Dr. C.Ravichandran for M/s. S.D.Venkateswaran
Mr. T.P.Sahankaran for R1. Batta Due for R2 and R3

JUDGMENT

The plaintiff is the appellant herein.

2. The plaintiff filed the suit against the respondents for the relief of specific performance of contract dated 12.04.2003.

3. The brief averments made in the plaint are as follows :-

The first respondent entered into a sale agreement dated 12.04.2003 with the appellant for the sale of suit property at the rate of Rs.500/- per cent and received a sum of Rs.2,00,000/- as advance. In pursuant to the sale agreement, the possession of the property was also handed over to the appellant. The first respondent agreed to execute a sale deed within six months from the date of handing over the original title deed to the appellant. The appellant having been in possession of the property spent a sum of Rs.1,50,000/- and raised casuarina trees. The first respondent while entering into the sale agreement stated that though he is the absolute owner of the property he will also get the signatures of the respondents 2 and 3, who are his brother and the son of his predeceased brother respectively. The appellant paid further sum of Rs.1,00,000/- on 16.05.2003 to the first respondent. Whenever the appellant was approaching the first respondent on many occas















































































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